Nelson tackled on privacy rights stance
Published:Friday | February 25, 2011 | 12:00 AM
Gary Spaulding, Senior Gleaner Writer
The conditions under which the communications of Jamaicans can be intercepted were the subject of a passionate exchange between Minister of National Security Dwight Nelson and Patrick Atkinson, the attorney representing the former holder of that Cabinet portfolio, Dr Peter Phillips, at yesterday's sitting of the Manatt-Dudus commission of enquiry.
Lawyers representing and associated with the People's National Party reacted noisily to an initial response by Nelson that the constitutional rights of all Jamaicans should not be breached.
Atkinson had queried whether the conversation of persons suspected of being involved in transnational crime, including gunrunning and trafficking of narcotics, should be intercepted.
"A man has the constitutional right to privacy when he is conspiring to traffic drugs, cocaine and marijuana out of the country?" queried Atkinson.
"Right," Nelson responded.
The national security minister contended that it was a breach of constitutional rights to intercept private telephone conversations of Jamaicans.
However, the minister did not initially state whether exceptions should be made to the constitutional provisions.
As the exchange continued, Nelson's attorney, John Vassell, objected to the line of questioning.
Later, Nelson conceded that exceptions could be made under the provisions of the Interception of Communications Act when an order is granted by a high court judge.
Atkinson also asked Nelson whether he knew that copies of the extradition papers for accused drug kingpin Christopher 'Dudus' Coke, were found in Tivoli Gardens, to which the minister responded "no".
Asked whether he agreed with the belated decision of Justice Minister and Attorney General Dorothy Lightbourne to sign the authority to proceed with the extradition request, Nelson said he went along with the minister, who is legally empowered to make such decisions.